A North Carolina appeals court has rejected a bid by prosecutors to block bail for a man who has spent nearly 20 years in prison for a double-murder conviction marked by misconduct from Durham police and the prosecutor disbarred over the Duke lacrosse case.

The state Court of Appeals ruled Tuesday that it is dissolving a previous order, clearing the way for a Durham judge to release 52-year-old Darryl Howard while he waits for prosecutors to decide whether to try him a second time.

Advertisement

Superior Court Judge Orlando Hudson ordered a new trial in May, saying authorities withheld evidence that could have cleared Howard. The judge said evidence has recently surfaced showing possible misconduct in the case by a Durham detective and former Durham prosecutor Mike Nifong.